114 HR 2494 : Global Anti-Poaching ActU.S. House of Representatives2015-11-03text/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.IIB114th CONGRESS1st SessionH. R. 2494IN THE SENATE OF THE UNITED STATESNovember 3, 2015Received; read twice and referred to the Committee on Foreign RelationsAN ACTTo support global anti-poaching efforts, strengthen the capacity of partner countries to counter
wildlife trafficking, designate major wildlife trafficking countries, and
for other purposes.1.Short titleThis Act may be cited as the Global Anti-Poaching Act.2.FindingsCongress finds the following:(1)Poaching and the illicit trade in endangered and threatened wildlife are among the most lucrative criminal activities worldwide, worth an estimated $7 to $10 billion annually.(2)Poaching and wildlife trafficking have escalated in scale, sophistication and violence, risking the potential extinction of some of the world’s most iconic species.(3)Wildlife poaching and trafficking threaten elephants, rhinoceros, and tigers greatly, but also have devastating impact on a number of other species, including sharks, great apes, and turtles.(4)The high demand for rare wildlife products has driven prices to historically high levels.(5)Much of the demand for wildlife products comes from Asia and is fueled by the perceived medicinal value and social status associated with these products.(6)Reporting indicates that a number of rebel groups and terrorist organizations, including Sudan’s Janjaweed militia, the Lord’s Resistance Army, the Seleka rebel movement in the Central African Republic, and Somalia’s al-Shabaab, either participate in or draw funding from illicit wildlife trafficking networks.(7)Analyses suggest the high demand for illegal wildlife products, combined with weak law enforcement and security measures and corruption and governance failures, has led to the increased involvement of transnational organized crime in wildlife trafficking.(8)The United Nations Security Council has authorized multilateral sanctions against individuals and entities supporting armed groups through the illicit trade in wildlife, in addition to other natural resources, in the Democratic Republic of Congo and the Central African Republic.(9)A National Intelligence Council analysis of wildlife poaching threats found that certain African government officials facilitated the movement of wildlife products, and that these governments’ ability to reduce poaching and trafficking was hindered by corruption and weak rule of law.(10)On November 13, 2013, the Secretary of State announced the first reward under the Transnational Organized Crime Rewards Program for information leading to the dismantling of the Xaysavang Network, a large wildlife trafficking syndicate that is based in Laos and spans Africa and Asia.3.Expansion of wildlife enforcement networks(a)FindingsCongress finds the following:(1)Wildlife enforcement networks are government-led, regionally-focused mechanisms that increase capacity and coordination efforts between law enforcement, environmental agencies, and other entities focused on countering wildlife trafficking of member countries.(2)Currently there are active wildlife enforcement networks in Southeast Asia, South Asia, and Central America. The more mature wildlife enforcement networks, such as the Southeast Asia wildlife enforcement network, have proven effective in dismantling transnational wildlife trafficking networks and bringing to justice those individuals involved in the illegal trade of endangered and threatened species.(3)Efforts are underway to establish additional wildlife enforcement networks in Central Africa, the Horn of Africa, South America, and Central and West Asia, among other regions.(b)Statement of policyThe Secretary of State, the Administrator of the United States Agency for International Development, the Director of the United States Fish and Wildlife Service, and heads of other appropriate agencies should, in an effort to address regional threats to biodiversity and conservation, support strengthening existing wildlife enforcement networks and the establishment of new networks in other appropriate regions.(c)Sense of CongressIt is the sense of Congress that in the process of strengthening and expanding wildlife enforcement networks, the appropriate agencies should—(1)assess the existing capacity of wildlife enforcement network member countries to gather baseline data that may be used for developing program activities for the wildlife enforcement network;(2)establish a central secretariat within each wildlife enforcement network that will coordinate the operational mechanisms of each such network;(3)establish a focal mechanism in each member country of a wildlife enforcement network, that includes representatives from environmental and wildlife protection agencies, law enforcement agencies, financial intelligence units, customs and border protection agencies, and the judiciary system, that will serve as a conduit to the larger wildlife enforcement network and the central secretariat;(4)strengthen cooperation and the capacity of law enforcement agencies of the wildlife enforcement network;(5)facilitate the sharing of intelligence and relevant case information within the agencies of a wildlife enforcement network;(6)support the cooperation and coordination between different regional wildlife enforcement networks;(7)incorporate and utilize expertise from international bodies and civil society organizations that have appropriate subject matter expertise;(8)eventually create an institutionalized, sustainable, and self-sufficient platform; and(9)recognize that lawful, well regulated hunting can contribute to sustainability and economic development, and that enforcement policies should not discourage or impede this activity.4.Supporting the professionalization of the wildlife law enforcement sectorThe Secretary of State, the Administrator of the United States Agency for International Development, the Director of the United States Fish and Wildlife Service, and heads of other appropriate agencies, including the National Park Service and the United States Forest Service, should, in an effort to address local and regional threats to biodiversity and conservation and support the rule of law and good governance, promote the professionalization of the wildlife law enforcement sector and professional ranger training in partner countries through support and technical assistance for the following:(1)The creation and adoption of standards for professional ranger training and qualifications, including in relevant international fora and multilateral agreements.(2)Training and accreditation systems based on the standards described in paragraph (1) that produce professionally trained and qualified rangers and promote the overall professionalization of ranger forces, whether through existing United States institutions, such as International Law Enforcement Academies, or through partnerships with national or regional training institutions.(3)Legal reforms, where necessary, to provide rangers with authority to detain and arrest suspects, process crime scenes, present evidence in court, and defend themselves in life threatening situations.(4)The development and institutionalization of reward and promotion systems for rangers based on performance and set competencies.(5)The development and institutionalization of national systems to provide insurance to rangers and their families and compensation for those rangers killed in the line of duty.(6)Cooperation and coordination between local law enforcement tasked with wildlife or park protection and local defense forces, where appropriate, including training opportunities, logistical support, or provision of equipment.5.Designation of major wildlife trafficking countries and authority to withhold certain assistance(a)ReportNot later than September 15 of each year, the Secretary of State, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall submit to Congress a report that lists each foreign country determined to be a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products or their derivatives.(b)Special designationIn each report required under subsection (a), the Secretary of State, in consultation with the Secretary of Interior and the Secretary of Commerce, shall—(1)designate each country listed in the report that has failed demonstrably, during the previous 12-month period, to make substantial efforts to adhere to its obligations under international agreements relating to endangered or threatened species; and(2)include a short justification for each determination made under paragraph (1).(c)Withholding of assistanceThe Secretary of State may withhold assistance described in subsection (d) with respect to each foreign country that is specially designated under subsection (b).(d)Assistance describedThe assistance described in this subsection are sections 516, 524, and 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 2344, or 2347), chapter 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2348 et seq.), and section 23 of the Arms Export Control Act (22 U.S.C. 2763).(e)NotificationThe Secretary of State shall notify—(1)the government of each foreign country that is listed in the report required under subsection (a) that the country has been so listed; and(2)the government of each foreign country that is specially designated under subsection (b) and is subject to the withholding of assistance described in subsection (c).(f)Reporting cost offsetSection 8 of Public Law 107–245 (50 U.S.C. 1701 note) is repealed.(g)SunsetThis section shall terminate on the date that is 5 years after the date of the enactment of this Act.6.Sense of Congress regarding security assistance to counter wildlife trafficking and poaching in
AfricaIt is the sense of Congress that the United States should continue to provide defense articles (not including significant military equipment), defense services, and related training to appropriate security forces of countries of Africa for the purposes of countering wildlife trafficking and poaching.7.Updates to the Fishermen’s Protective Act of 1967Section 8 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978) is amended—(1)in subsection (a)—(A)in paragraph (1), by inserting , in consultation with the Secretary of State, after Secretary of Commerce;(B)in paragraph (2), by inserting , in consultation with the Secretary of State, before finds;(C)in paragraph (3), by inserting in consultation with the Secretary of State, after , as appropriate,;(D)by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following:(4)The Secretary of Commerce and the Secretary of the Interior shall each report to the Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification.; and(2)in subsection (d), by inserting in consultation with the Secretary of State, after as the case may be,.8.Wildlife trafficking violations as predicate offenses under racketeering and money laundering statutes(a)Travel ActSection 1952 of title 18, United States Code, is amended—(1)in subsection (b)—(A)by striking or (3) and inserting (3); and(B)by striking of this title and (ii) and inserting the following: of this title, or (4) any act that is a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000 and (ii); and(2)by adding at the end the following:(f)Use of amounts from fines, forfeitures, and restitution relating to wildlife trafficking violationsAny amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under this section that involves an unlawful activity described in subsection (b)(i)(4) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation..(b)Money launderingSection 1956 of title 18, United States Code, is amended—(1)in subsection (c)(7)—(A)in subparagraph (E), by striking or at the end;(B)in subparagraph (F), by adding or at the end; and(C)by adding at the end the following:(G)any act or acts constituting a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000;; and(2)by adding at the end the following:(j)Use of amounts from civil penalties, fines, forfeitures, and restitution relating to wildlife trafficking violationsAny amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under this section that involves an unlawful activity described in subsection (c)(7)(G) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation..(c)RICOChapter 96 of title 18, United States Code, is amended—(1)in section 1961(1)—(A)by striking or (G) and inserting (G); and(B)by inserting before the semicolon at the end the following: , or (H) any act constituting a criminal violation of section 9(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223), or section 7(a) of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or threatened species, products, items, or substances involved in the violation and relevant conduct, as applicable, have a total value of more than $10,000; and(2)in section 1963, by adding at the end the following:(n)Use of amounts from fines, forfeitures, and restitution relating to wildlife trafficking violationsAny amounts received by the United States as fines, forfeitures of property or assets, or restitution to the Government for any violation under section 1962 that is based on racketeering activity described in section 1961(1)(H) shall be transferred by the Secretary of the Treasury, to the extent practicable, to the Multinational Species Conservation Fund and used as provided in advance in appropriations Acts for the benefit of the species impacted by the applicable violation..(d)Technical and conforming amendments(1)Use of amounts from finesSection 1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is amended—(A)in clause (i), by striking and at the end; and(B)by adding at the end the following:(iii)sections 1952(f), 1956(j), and 1963(n) of title 18, United States Code; and.(2)Use of amounts from forfeituresSection 524(c)(4)(A) of title 28, United States Code, is amended by inserting before or the Postmaster General the following: or section 1952(f), 1956(j), or 1963(n) of title 18,.9.Other actions relating to wildlife trafficking programsIt is the sense of Congress that the Secretary of State should dedicate sufficient program resources to—(1)conduct monitoring and evaluation, with a special emphasis where feasible on impact evaluations, of wildlife trafficking programs consistent with the Department of State’s January 2015 Evaluation Policy;(2)publish program information on wildlife trafficking programs on the Department of State’s Internet website, ForeignAssistance.gov in a digital format consistent with the United States commitment to the International Aid Transparency Initiative (IATI); and(3)develop and implement a learning agenda to improve the performance and impact of wildlife trafficking programs and to share best practices among relevant executive branch agencies.Passed the House of Representatives November 2, 2015.Karen L. Haas,Clerk